AbstractEveryone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. (Article 26 of the 1948 Universal Declaration of Human Rights).This UN recommendation has been reinforced in the provisions of the Right of Children to Free and Compulsory Education (RTE) Act (2009), which came into effect in India on 1 April 2010, enshrining in law for the first time the rights of all Indian children aged between six and fourteen years to free and compulsory elementary education regardless of caste, class, gender, etc. After 62 year of independence, The Union of India has made free and compulsory education a fundamental right for every child between the age of 6to 14. Now India has joined the group of those countries who provide for constitutional guarantee to free and compulsory education. The enforcement of this right is the joint responsibility of the centre and the state with even the local bodies playing their role in its functioning. The present paper shares the historical perspective, salient features, critical analysis of the act, the problems ahead and suggests ways to overcome them.

IntroductionEducation is a fundamental human right and essential for the exercise of all other human rights. It promotes individual freedom and empowerment and yields important development benefits. Yet millions of children and adults remain deprived of educational opportunities, many as a result of poverty.

Normative instruments of the United Nations and UNESCO lay down international legal obligations for the right to education. These instruments promote and develop the right of every person to enjoy access to education of good quality, without discrimination or exclusion. These instruments bear witness to the great importance that Member States and the international community attach to normative action for realizing the right to education. It is for governments to fulfill their obligations both legal and political in regard to providing education for all of good quality and to implement and monitor more effectively education strategies. Education is a powerful tool by which economically and socially marginalized adults and children can lift themselves out of poverty and participate fully as citizens. Education system was in a huge problem right after at the time of independence. It was under Prime Minister Mr. Atal Bihari Vajpai that educatory reforms were made. Sarva Shiksha Abhiyan was a massive step with what followed by mid day meal.

Objective:1. To determine the problems in the right of children to free and compulsory education act, 2009. 2. To find out the problems in present and future after the amendment. 3. To find out effective solutions for the same.

Historical perspectiveAt the time of Independence, India inherited an educational system which was not only quantitatively small but was also characterized by striking gender and regional disparities. Only one child out of three had been enrolled in primary school. Thus challenge was to provide elementary education to all its children within a stipulated period of time. Accordingly, universal education for all children in the 6-14 age groups became a constitutional provision by Article 45 of the Constitution. Special care of the economic and educational interests of the under privileged sections of the population also became a constitutional obligation. But these constitutional provisions still remain unfulfilled. Government's commitment to ensure elementary education for all children aged 6-14 years was later seen in its ambitious program...

References: The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009).
Education and National Development, Report of the Education Commission (1964-66), NCERT, New Delhi, 1971.
National Policy on Education – 1986, Ministry of Human Resource Development, Govt. of India, Dept. of Education, New Delhi, May, 1986.
Towards an Enlightened and Humane Society, Report of the Committee for Review of National Policy on Education 1986, Final Report, 26th Dec. 1990.
National Policy on Education–1986 (With Modifications undertaken in 1992), Ministry of Human Resource Development, Department of Education, New Delhi, 1992.
National Policy on Education 1986, Programme of Action, 1992, Ministry of Human Resource Development, Department of Education, Govt. of India, 1993.
Education for All – The Indian Scene, Department of Education, Ministry of Human Resource Development, Govt. of India, Dec. 1993.
Sixth All India Educational Survey, Selected Statistics, NCERT, New Delhi, 1998.
Seventh All India School Education Survey, Provisional Statistics, N.C.E.R.T., New Delhi, Sep. 30, 2002.
National Curriculum Framework, 2005, N.C.E.R.T., New Delhi.
National Curriculum Framework for Teacher Education, N.C.T.E., New Delhi, 2009–10.
The gazette of extraordinary India

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